Mohammed Ismail Yusuf Ghojaria v. Municipal Corporation Of Greater Mumbai

25-AOST20833-17.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (ST) NO. 20833 OF 2017 Mohammed Ismail Yusuf Ghojaria ...Appellant

Versus

Municipal Corporation of Greater Mumbai

...Respondent

Mr Ranjeet Thorat, Senior Advocate, i/b Pradeep Thorat,for the Appellant.

Mrs Madhuri More, for the Respondent-MCGM.

CORAM: G.S. PATEL, J DATED:

31st July 2017 PC:- 1.

The MCGM will file a reply within three weeks, and the plaintiff a rejoinder in two weeks thereafter. The MCGM will stay its hands until disposal of the Notice of Motion and will not proceed with the threatened action; the reason being the very reason adinterim reliefs were declined, viz., that despite issuing notices in 2012 and an order in 2015, the MCGM itself has not thought it urgent to until now. There is no reason why they should move precipitously before the final disposal of the Notice of Motion. 2.

The appeal is disposed of in these terms. No costs. (G. S. PATEL, J) 31st July 2017